First National Bank of Albia v. White Ash Coal Co.
Supreme Court of Iowa
Appeal from Monroe District Court. — D. M. Anderson, Judge. Action in equity to foreclose a combined real estate and chattel mortgage on a coal mining property, given to plaintiffs. In connection with the foreclosure, plaintiffs applied for and had appointed a receiver, to take charge of the property pending the foreclosure and sale thereof.
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Appeal from Monroe District Court. — D. M. Anderson, Judge. Action in equity to foreclose a combined real estate and chattel mortgage on a coal mining property, given to plaintiffs. In connection with the foreclosure, plaintiffs applied for and had appointed a receiver, to take charge of the property pending the foreclosure and sale thereof. The action was begun and the receiver appointed September 29, 1916. Judgment and decree was entered in favor of plaintiffs, December 2d thereafter. The defendant coal company was wholly insolvent, and the property was in a run-down and- dilapidated…
1Opinion of the CourtPreston, J.
contractaSex-receivCTsMp°nd Tbe controversy is over tbe proposition whether intervener is entitled to damages for a breach of the contract after the sale, which appellees contend would have the effect to compel plaintiffs, having valid liens, to pay such claim; and they too, that it would require the operation of the mine till March 31, 1917, at a loss, for the sole benefit of intervener. Separate answers to the intervention were filed by the receiver and the plaintiffs, in which four or five defenses are set up, but all of which we need not discuss. As we view it, the controlling question is…
2Cases cited6 opinions
- Chicago Deposit Vault Co. v. McNultaSupreme Court of the United States · 1894
- Weeks v. . WeeksNew York Court of Appeals · 1887
- State Central Savings Bank v. Fanning Ball-Bearing Chain Co.Supreme Court of Iowa · 1902
- Bank of Montreal v. C., C. & W. R.Supreme Court of Iowa · 1878
- Yetzer v. ApplegateSupreme Court of Iowa · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Andrew v. Sac County State BankSupreme Court of Iowa · 1928
- Rudolph v. DavisSupreme Court of Iowa · 1946
- Sibley County Bank v. Crescent Milling Co.Supreme Court of Minnesota · 1925
- United States v. JohnsonCourt of Appeals for the Eighth Circuit · 1938
- Andrew v. RiversSupreme Court of Iowa · 1929
6 more not listed; retrieve them via the Exa API.